§ 38-25-104 — Duties of filing officer

(1) If a notice of federal lien, a refiling of
a notice of federal lien, or a notice of revocation of any certificate described in
subsection (2) of this section is presented to a filing officer who is:

(a) The secretary of state, then the secretary of state shall cause the notice
to be marked, held, and indexed in accordance with the provisions of section 4-9-519, C.R.S., as if the notice were a financing statement within the meaning of such
section; or

(b) The county clerk and recorder, then the county clerk and recorder shall
endorse thereon the county clerk and recorder's identification and the date and
time of receipt and forthwith record and index in the real estate records in
accordance with the provisions of sections 30-10-408 and 30-10-409, C.R.S.,
showing the name and address of the person named in the notice, the date and time
of receipt, the title and address of the official or entity certifying the lien, and the
total amount appearing on the notice of lien.

(2) If a certificate of release, nonattachment, discharge, or subordination of
any lien is presented to the secretary of state for filing, the secretary of state shall:

(a) Cause a certificate of release or nonattachment to be marked, held, and
indexed as if the certificate were a termination statement within the meaning of the
Uniform Commercial Code, but the notice of lien to which the certificate relates
may not be removed from the files; and

(b) Cause a certificate of discharge or subordination to be marked, held, and
indexed as if the certificate were a release of collateral within the meaning of the
Uniform Commercial Code.

(3) If a refiled notice of federal lien referred to in subsection (1) of this
section or any of the certificates or notices referred to in subsection (2) of this
section is presented for recording to any county clerk and recorder, such clerk and
recorder shall enter the refiled notice or the certificate with the date of recording in
the index in accordance with the provisions of sections 30-10-408 and 30-10-409,
C.R.S.

(4) Upon request of any person, the filing officer shall issue a certificate
showing whether there is on file, or recorded on the date and hour stated therein,
any notice of lien or certificate or notice affecting any lien filed under this article,
naming a particular person and, if a notice or certificate is on file, giving the date
and hour of filing of each notice or certificate. The fee for the issuance of a
certificate by the secretary of state shall be determined and collected pursuant to
section 24-21-104 (3), C.R.S., and the fee for the issuance of a certificate by a
county clerk and recorder shall be five dollars. Upon request, the filing officer shall
furnish a copy of any notice of federal lien or notice or certificate affecting a
federal lien. The fee for furnishing and for certifying such copy and affixing the seal
thereto shall be determined and collected pursuant to section 24-21-104 (3), C.R.S.,
if furnished by the secretary of state, and the said fee shall be five dollars, if
furnished by a county clerk and recorder.

Legislative History

Source: L. 69: R&RE, p. 694, � 1. C.R.S. 1963: � 86-6-4. L. 83: (4) amended, p. 1229, � 17, effective July 1; (4) amended, p. 880, � 50, effective July 1; (4) R&RE, p. 2056, � 37, effective October 14. L. 88: Entire section amended, p. 1256, � 5, effective July 1. L. 93: (1), IP(2), (3), and (4) amended, p. 438, � 5, effective July 1. L. 99: (1)(a), IP(2), and (4) amended, p. 753, � 24, effective January 1, 2000. L. 2001: (1)(a), IP(2), and (4) amended, p. 1432, � 12, effective July 1.